What assets cannot be touched in a divorce?

Assets that cannot be touched in divorce, meaning considered separate property not subject to division, generally include assets owned before marriage, inheritances, and gifts, though rules vary by state and community property versus equitable distribution states. Assets that typically cannot be touched include premarital property, assets owned before marriage and kept separate, not commingled, like house bought before marriage with clear title in one name. Inheritance received before or during marriage, as long as kept separate not mixed into joint accounts, is usually separate property. Gifts from third parties to one spouse, like gift from parents, are separate if kept separate. Personal injury settlement for pain and suffering may be separate, though portion for lost wages may be marital. Assets with prenuptial or postnuptial agreement designating as separate cannot be touched if agreement valid. However, appreciation of separate property due to marital effort may be marital. Retirement contributions before marriage may be separate, but contributions during marriage are marital. To protect assets from being touched, keep separate property in separate accounts, do not commingle with marital funds, keep documentation, similar to organizing valuables in separate Packout boxes. State laws differ, community property states like California divide marital 50-50 but separate remains separate, equitable distribution states divide fairly but not necessarily equally.